Opinion
C22-5788-DGE
03-29-2024
MIGUEL ALBARRAN, Petitioner, v. DAN WHITE, Respondent.
ORDER DISMISSING FEDERAL HABEAS ACTION
DAVID G. ESTUDILLO, United States District Judge.
The Court, having reviewed Petitioner's petition for writ of habeas corpus, Respondent's answer to the petition, Petitioner's response to Respondent's answer, the Report and Recommendation of United States Magistrate Judge Michelle L. Peterson, any objections thereto, and the remaining record, hereby finds and ORDERS:
(1) The Report and Recommendation is approved and adopted.
(2) Petitioner's petition for writ of habeas corpus (dkt. # 1) and this action are DISMISSED, with prejudice, as untimely under 28 U.S.C. § 2244(d).
(3) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is GRANTED as to the issue of equitable tolling.
(4) The Clerk is directed to send copies of this Order to all counsel of record and to the Honorable Michelle L. Peterson.